KELLY v. KELLY


262 N.J. Super. 303 (1992)

620 A.2d 1088

BARBARA KELLY, PLAINTIFF, v. JOHN C. KELLY, DEFENDANT.

Superior Court of New Jersey, Chancery Division Family Part, Atlantic County.

June 18, 1992.


Attorney(s) appearing for the Case

Nancy R. Mazin, Esquire, for plaintiff.

John C. Kelly, pro se, defendant.


SELTZER, P.J.F.P.

Plaintiff's application for counsel fees requires a determination of the propriety of an award of fees against a party who has taken a clearly mistaken — even frivolous — position but who is not motivated by malice. The result is dictated by an analysis of the statutory language permitting an award of fees after consideration of "the financial circumstances of the parties and the good...

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